scholarly journals Supplemental Pay for Cash Collateral of Police Officers during Quarantine: Administrative Discretion of Authorized Officials on Deciding about Its Payment

2021 ◽  
Vol 81 (2) ◽  
pp. 85-96
Author(s):  
M. A. Sambor
Keyword(s):  
Police Officers ◽  
Public Law ◽  
Social Rights ◽  
Administrative Discretion ◽  
Police Services ◽  
Private Interests ◽  
Positive Law ◽  
The Social ◽  
Legal Position ◽  
National Police

The author has researched the norms of positive law, which contain instructions on the establishment and payment of supplemental pay to the cash collateral during quarantine for police officers. A comprehensive, complete and objective study of legal basis for the supplemental pay to the cash collateral of police officers during quarantine is impossible without understanding the law enforcement practices and interpretation used by authorized officials when deciding whether or not to make the supplemental pay to the cash collateral of police officers. The normatively determined grounds for the supplemental pay and the actual substantiation of the application of such payments for police officers have been analyzed. Objectivity and completeness are impossible without analyzing all the arguments, including those voiced by the representatives of the administration of the territorial agencies of the National Police, as legal entities of public law. It has been emphasized that the administrative discretion of authorized officials should embody the principles of the rule of law, respect for human rights and freedoms, and should not pursue the realization of economic private interests, including the interests of subjects of authoritative powers. Restrictions on the application of the supplemental pay to the cash collateral of police officers during quarantine are the direct restriction of the social rights of representatives of a particular profession – police officers. The legal position for protecting the social right of police officers for the supplemental pay, as well as the affiliation of this right to each police officer has been defended. At the same time, the legal position on the need for the supplemental pay for all police officers has been additionally substantiated, based on the tasks facing the National Police and the provision of police services to the population. The author has argued the legal position of the completeness of social rights of police officers during quarantine, which are impossible without appropriate the supplemental pay to the cash collateral of police officers during quarantine.

Entscheidungsspielräume im Sozialleistungsrecht – Konsequenzen für die Soziale Arbeit

2017 ◽  
Vol 63 (4) ◽  
pp. 549-578 ◽  
Author(s):  
Thilo Fehmel
Keyword(s):  
Social Work ◽  
Soziale Arbeit ◽  
Public Law ◽  
Point Of View ◽  
Social Benefits ◽  
Social Rights ◽  
Administrative Discretion ◽  
Legal Norms ◽  
Social Law ◽  
The Social

AbstractIn German public law many legal norms award administrative discretion to authorities. This transition of decision-making from the legislative to the executive has recently increased. The article illustrates this development, which at first is placed in the context of the social rights approach. Afterwards the taxonomy of discretion is shown, and the rationales of areas of discretion in public and social law are discussed. In the third section, the increasing relevance of discretion in granting social benefits – or in imposing sanctions on recipients of benefits – is examined from a social work point of view using three examples in recent social legislation. Finally, the consequences of this development for social work and the required reactions by social work professionals and scholars are reflected.

scholarly journals FEATURES OF THE LEGAL STATUS OF HEALTH CARE INSTITUTIONS AS SUBJECTS OF MEDICAL CARE FOR POLICE OFFICERS

2020 ◽  
Vol 2 (4(106)) ◽  
pp. 152-157
Author(s):  
А. С. Cмик
Keyword(s):  
Health Care ◽  
Medical Care ◽  
Police Officers ◽  
Legal Status ◽  
Health Care Facilities ◽  
Professional Activity ◽  
Practical Implementation ◽  
Public Authorities ◽  
The Social ◽  
National Police

The relevance of the article is that the social security of employees of the National Police of Ukraine is not only a system of special, legally defined legal guarantees, but a set of mechanisms for their practical implementation. Medical care, as an important part of state support for the professional activity of police officers, is activated through various institutional levers, but, most importantly, the latter is the prerogative of the activities of specially authorized entities. The article, based on the analysis of the current legislation, presents the whole array of participants in legal relations arising in the field of medical care for employees of the National Police of Ukraine. The specifics of their functions, powers and tasks are analyzed. The subjects of medical care of policemen are classified with their division into three groups: central subjects; coordinating or intermediate subjects of medical care; target entities. The affiliation of health care facilities to the third classification group is substantiated. It was found that the subjects of medical care for police officers are a set of public authorities and their officials who are entrusted with special rights, responsibilities, tasks and functions in the field of organization, provision and implementation of medical care for police officers. It is determined that the central subjects of medical care for police officers - the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, the President of Ukraine - are the main active bodies, which are the highest representatives of state power in our country. In the field of medical care for police officers, these entities: first, are responsible for the formation of legislation in the field of the National Police, as well as social guarantees for its employees; secondly, form a health policy that sets standards for health care for the population, including the police; thirdly, determine the priority ways of development of the health care and medical care sector; fourth, monitor the implementation of national policies in the field of health and medical care.

scholarly journals Pension support of police officers in Ukraine

2020 ◽  
Vol 5 (5) ◽  
pp. 160-165
Author(s):  
Liliya Timchenko
Keyword(s):  
Social Security ◽  
Police Officers ◽  
Information Sources ◽  
Pension System ◽  
Present Stage ◽  
Subsistence Level ◽  
The Social ◽  
The Law ◽  
National Police ◽  
Pension Payments

The article is devoted to the analysis of the legislation of Ukraine and information sources on the pension provision of employees of the national police of Ukraine and other countries. The author notes that the pension provision of police officers and the population in general is very important in our country, that their proper provision is regulated by primary and secondary legislation, in particular articles of the Law of Ukraine "On National Police", the Law of Ukraine "On pensions of persons discharged services, and some other persons. " The level of the minimum subsistence level plays a key role in assigning pensions to Ukrainian police officers. It is from the size of this indicator, according to the law, that the minimum pension payments to these employees are determined. At the present stage, it is necessary to review the entire pension system of citizens and especially police officers. The author proposes changes to the pension legislation, which are designed to improve the social security of police officers.

scholarly journals Administrative activities of the National police in the field of human rights and freedoms protection in Ukraine

2020 ◽  
Vol 2 (2) ◽  
pp. 92-98
Author(s):  
Andriy Tan'ko
Keyword(s):  
Human Rights ◽  
Administrative Law ◽  
The State ◽  
Social Orientation ◽  
Administrative Services ◽  
Police Services ◽  
The Social ◽  
Responsible Attitude ◽  
The Individual ◽  
National Police

The article bases on the analysis of normative legislation and results of modern administrative and legal researches and reveals the essence and features of administrative activity of the National police in the field of human rights and freedoms protection in Ukraine. It is analyzed the general theoretical provisions and basic definitions of the problem. It is considered the establishment of providing administrative services system as a priority for the development of the social and social-legal policy of Ukraine. Administrative activity of the Ukrainian police is defined as state power, by-law, organizational and administrative activity, regulated by the rules of administrative law, aimed at providing police services in the fields of public and state interests’ protection, ensuring public security and order, human rights and freedoms protection, counteracting offenses, providing assistance to those who need it. The features of administrative activity of the Ukrainian police summarized as follows: its determination by the norms of administrative law, human-centrism, organizational-administrative and communicative nature, social orientation, orientation to the requirements of the current legislation, etc. It is substantiated that the main ways to improve the system of police services as an organizational basis and instrument of administrative activity of the National police are the follows: to improve the legal interaction between the individual and the state, human rights and freedoms protection, the functioning of the rule of law, and to promote the work of the National police among the population. The author emphasizes that the person who embodies the law enforcement activities of the National police is given greater powers than other citizens to represent the state, which requires the police to take a particularly responsible attitude towards the performance of their professional duties.

Sustainable Illegality: Gagauz Women in Istanbul

2014 ◽  
Vol 8 (1) ◽  
pp. 17-25 ◽  
Author(s):  
Bayram Unal
Keyword(s):  
Police Officers ◽  
Ethnic Origin ◽  
Social Processes ◽  
Survival Strategies ◽  
Preferential Treatment ◽  
National Group ◽  
Turkish Migrants ◽  
Illegal Migrants ◽  
Sociological Inquiry ◽  
The Social

This study deals with survival strategies of illegal migrants in Turkey. It aims to provide an explanation for the efforts to keep illegality sustainable for one specific ethnic/national group—that is, the Gagauz of Moldova, who are of Turkish ethnic origin. In order to explicate the advantages of Turkish ethnic origin, I will focus on their preferential treatment at state-law level and in terms of the implementation of the law by police officers. In a remarkable way, the juridical framework has introduced legal ways of dealing with the illegality of ethnically Turkish migrants. From the viewpoint of migration, the presence of strategic tools of illegality forces us to ask not so much law-related questions, but to turn to a sociological inquiry of how and why they overstay their visas. Therefore, this study concludes that it is the social processes behind their illegality, rather than its form, that is more important for our understanding of the migrants’ survival strategies in destination countries.

Digital single market - a new impetus on EU social policy?

2020 ◽  
Vol 338 ◽  
pp. 265-275
Author(s):  
Daniel Zimmermann
Keyword(s):  
Social Policy ◽  
European Commission ◽  
Single Market ◽  
Social Dimension ◽  
Social Rights ◽  
Reform Agenda ◽  
The Social ◽  
Digital Skills ◽  
Current Reform ◽  
Training Programmes

In July 2019 the new president of the European Commission, Ursula von der Leyen, presented her guidelines for the period of presidency 2019-2024. While most proposals perpetuate the current reform agenda, the focus on the social dimension of the single market is remarkable. Von der Leyen has not only announced the full implementation of the European Pillar on Social Rights, but also highlighted new investment in digital competences seen as a key to competitiveness and innovation of the European economy. This paper will discuss whether the dynamics of the digital single market could lead to a new impetus on EU social policy and on European funding of training programmes. Therefore, an overview of significant funding programmes promoting digital skills is given.

Fiduciary Principles and Public Offices

2019 ◽  
pp. 302-322
Author(s):  
Ethan J. Leib ◽  
Stephen R. Galoob
Keyword(s):  
Administrative Law ◽  
Public Law ◽  
Public Institutions ◽  
Policy Implications ◽  
Public Officials ◽  
Public Office ◽  
Public And Private ◽  
Normative Structure ◽  
The Public ◽  
Positive Law

This chapter examines how fiduciary principles apply to public offices, focusing on what it means for officeholders to comport themselves to their respective public roles appropriately. Public law institutions can operate in accordance with fiduciary norms even when they are enforced differently from the remedial mechanisms available in private fiduciary law. In the public sector, fiduciary norms are difficult to enforce directly and the fiduciary norms of public office do not overlap completely with the positive law governing public officials. Nevertheless, core fiduciary principles are at the heart of public officeholding, and public officers need to fulfill their fiduciary role obligations. This chapter first considers three areas of U.S. public law whose fiduciary character reinforces the tenet that public office is a public trust: the U.S. Constitution’s “Emoluments Clauses,” administrative law, and the law of judging. It then explores the fiduciary character of public law by looking at the deeper normative structure of public officeholding, placing emphasis on how public officeholders are constrained by the principles of loyalty, care, deliberation, conscientiousness, and robustness. It also compares the policy implications of the fiduciary view of officeholding with those of Dennis Thompson’s view before concluding with an explanation of how the application of fiduciary principles might differ between public and private law settings and how public institutions might be designed or reformed in light of fiduciary norms.

scholarly journals The echr and the Protection of Irregular Migrants in the Social Sphere

2015 ◽  
Vol 22 (1) ◽  
pp. 39-67
Author(s):  
Sylvie Da Lomba
Keyword(s):  
Human Rights ◽  
Social Dimension ◽  
European Convention ◽  
Social Rights ◽  
Irregular Migrants ◽  
Social Sphere ◽  
European Court ◽  
Poor Access ◽  
The Social ◽  
International Adjudication

For more than a decade, the Council of Europe has expressed deep concern over irregular migrants’ poor access to basic social rights. With this in mind, I consider the extent to which the European Convention on Human Rights can contribute to protect irregular migrants in the social sphere. To this end, I consider the role of international supervisory bodies in social rights adjudication and discuss the suitability of international adjudication as a means to uphold irregular migrants’ social rights. Having reached the conclusion that international adjudication can help protect irregular migrants’ social rights, I examine the ‘social dimension’ of the European Convention on Human Rights and the significance that the European Court of Human Rights attaches to immigration status. I posit that the importance that the Court attaches to resource and immigration policy considerations in N v. United Kingdom significantly constrains the ability of the European Convention on Human Rights to afford irregular migrants protection in the social sphere.

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